Home Codes/Rules
Public
Law 107-295
Maritime
Transportation Security Act of 2002
See also the
Summary of the Act prepared by Congress.
Public
Law 106-229
Electronic
Signatures in Global and National Commerce Act
The Act providing for the validity of electronic
signatures and records came into effect on October 1, 2000.
Public
Law 105-277, Title II, Division C
American
Fisheries Act of 1998
See also the Maritime
Administration's Program page and the National
Marine Fisheries Service page concerning the Act.
Public
Law 105-258
Ocean
Shipping Reform Act (OSRA) of 1998
| United States Constitution |
|
United
States Constitution
The Constitution's grant of Admiralty and
Maritime jurisdiction is at Article
III, Section 2. The Congressional Research Office's case annotations to the Constitution's grant of Admiralty and Maritime jurisdiction under Article III are available at Findlaw. See also the copy of the Constitution at the Cornell
Legal Information Institute.
Each law or statute
(commonly called an "Act", e.g., the "Ocean Shipping Reform Act of 1998")
that is signed by the President is assigned a public law number and is
printed as a "slip law." At the end of each session of Congress, the public
laws are compiled into bound volumes called the Statutes at Large. Public
laws are then incorporated into the United States Code, which is a codification
of the statutory laws of the United States.
United
States Code (U.S.C.)
This is a searchable copy of the United States
Code that is online at the Cornell Legal Information Institute. See
also the copies of the U.S.C. available at the Findlaw
and United States Congress sites.
The entire U.S.C. is downloadable
in text format at the Congressional site. The Government
Printing Office (GPO) Access site maintains a copy of the U.S.C., which
is perhaps the best site for browsing
the Code's contents. Public
Laws from 1995 to present are also available at the GPO Access site.
The following links to specific U.S.C. sections concerning admiralty and
maritime law are directed to the GPO database:
Title
9 U.S.C. -- ARBITRATION
CHAPTER
1--GENERAL PROVISIONS (9 U.S.C. 1-16)
CHAPTER
2--CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL
AWARDS (9 U.S.C. 201-208)
CHAPTER
3--INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL ARBITRATION
(9 U.S.C. 301-307)
Title
10 U.S.C. -- ARMED FORCES
Includes: the provision on Arming
of American Vessels during War, 10
U.S.C. 351; Chapter 22 on Maps, Charts & Geodetic Products,
10
U.S.C. 451-456, including section
456, which bars claims against the US government based on the content
of a navigational aid prepared by the National Imagery and Mapping Agency
(ex-DMA); Chapter 637 on Salvage Facilities, 10
U.S.C. 7361-364; Chapter 653 on Admiralty and Salvage Claims,
10
U.S.C. 7621-623; and Chapter 655 on Prize Proceedings, 10
U.S.C. 7651-681.
Title
14 U.S.C. --
COAST
GUARD
PART
I--REGULAR COAST GUARD
CHAPTER
1--ESTABLISHMENT AND DUTIES
CHAPTER
3--COMPOSITION AND ORGANIZATION
CHAPTER
5--FUNCTIONS AND POWERS
Includes the provision on Law
Enforcement, 14
U.S.C. 89.
CHAPTER
7--COOPERATION WITH OTHER AGENCIES
CHAPTER
9--COAST GUARD ACADEMY
CHAPTER
11--PERSONNEL
CHAPTER
13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS
CHAPTER 15--REPEALED
CHAPTER
17--ADMINISTRATION
CHAPTER
18--COAST GUARD HOUSING AUTHORITIES
CHAPTER
19--ENVIRONMENTAL COMPLIANCE AND RESTORATION PROGRAM
PART
II--COAST GUARD RESERVE AND AUXILIARY
Title 15 U.S.C. -- COMMERCE AND TRADE
Includes: Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001-31.
Title
28 U.S.C.-- JUDICIARY AND JUDICIAL PROCEDURE
Includes: Interlocutory appeals
in admiralty cases, 28
U.S.C. 1292(a)(3); United States District Court jurisdiction,
28
U.S.C. 1330-68, including admiralty and maritime jurisdiction
under 28
U.S.C. 1333; the Foreign Sovereign Immunities Act (1976), 28
U.S.C. 1602-1611, which includes section
1605(b-d) re: enforcement of maritime liens and mortgages; Service
of Process in Foreign and International Litigation, 28
U.S.C. 1696;
Letters Rogatory/Assistance to Foreign Tribunals/Subpoenas
in Foreign Countries, 28
U.S.C. 1781-83; Actions against the United States, 28
U.S.C. 2401-16; the Federal Tort Claims Act, 28
U.S.C. 2671-80.
Title
33 U.S.C. -- NAVIGATION AND NAVIGABLE WATERS
CHAPTER
1--NAVIGABLE WATERS GENERALLY
CHAPTER
2--INTERNATIONAL RULES FOR NAVIGATION AT SEA
CHAPTER
3--NAVIGATION RULES FOR HARBORS, RIVERS, AND INLAND WATERS GENERALLY
CHAPTER
4--NAVIGATION RULES FOR GREAT LAKES AND THEIR CONNECTING AND TRIBUTARY
WATERS
CHAPTER
5--NAVIGATION RULES FOR RED RIVER OF THE NORTH AND RIVERS EMPTYING
INTO GULF OF MEXICO AND TRIBUTARIES
CHAPTER
5A--EXEMPTION OF NAVY OR COAST GUARD VESSELS FROM CERTAIN NAVIGATION
RULES
CHAPTER
6--GENERAL DUTIES OF SHIP OFFICERS AND OWNERS AFTER COLLISION OR OTHER
ACCIDENT
CHAPTER
7--REGULATIONS FOR THE SUPPRESSION OF PIRACY
CHAPTER
8--SUMMARY TRIALS FOR CERTAIN OFFENSES AGAINST NAVIGATION LAWS
CHAPTER
9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS
GENERALLY
Includes the Rivers and
Harbors Appropriation Act, 33
U.S.C. §§ 401 et seq., and the Wreck Act,
33
U.S.C. 409, 411, 414-15.
CHAPTER
10--ANCHORAGE GROUNDS AND HARBOR REGULATIONS GENERALLY
CHAPTER
11--BRIDGES OVER NAVIGABLE WATERS
CHAPTER
12--RIVER AND HARBOR IMPROVEMENTS GENERALLY
CHAPTER
13--MISSISSIPPI RIVER COMMISSION
CHAPTER
14--CALIFORNIA DEBRIS COMMISSION
CHAPTER
15--FLOOD CONTROL
CHAPTER
16--LIGHTHOUSES
CHAPTER
17--NATIONAL OCEAN SURVEY
CHAPTER
18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
The Longshore and Habor
Workers' Compensation Act,
33
U.S.C. 901-950.
CHAPTER
19--SAINT LAWRENCE SEAWAY
CHAPTER
20--POLLUTION OF THE SEA BY OIL
CHAPTER
21--INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA
CHAPTER
22--SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT
CHAPTER
23--POLLUTION CONTROL OF NAVIGABLE WATERS
CHAPTER
24--VESSEL BRIDGE-TO-BRIDGE COMMUNICATION
CHAPTER
25--PORTS AND WATERWAYS SAFETY PROGRAM
The Ports and Waterways
Safety Act, 33
U.S.C. 1221-1236.
CHAPTER
26--WATER POLLUTION PREVENTION AND CONTROL
The Federal Water Pollution
Control Act, 33
U.S.C. 1251, et. seq.
CHAPTER
27--OCEAN DUMPING
CHAPTER
28--POLLUTION CASUALTIES ON THE HIGH SEAS: UNITED STATES INTERVENTION
The Intervention on the
High Seas Act, 33
U.S.C. 1471-1487.
CHAPTER
29--DEEPWATER PORTS
CHAPTER
30--INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA
See also the U.S. Coast Guard's
site on the
Inland
and International Navigation Rules (COLREGS).
CHAPTER
31--OCEAN POLLUTION RESEARCH AND DEVELOPMENT AND MONITORING
PLANNING
CHAPTER
32--INLAND WATERWAYS TRUST FUND
CHAPTER
33--PREVENTION OF POLLUTION FROM SHIPS
The United States codification
of MARPOL 73/78.
CHAPTER
34--INLAND NAVIGATIONAL RULES
CHAPTER
35--ARTIFICIAL REEFS
CHAPTER
36--WATER RESOURCES DEVELOPMENT
CHAPTER
37--ORGANOTIN ANTIFOULING PAINT CONTROL
CHAPTER
38--DUMPING OF MEDICAL WASTE BY PUBLIC VESSELS
CHAPTER
39--SHORE PROTECTION FROM MUNICIPAL OR COMMERCIAL WASTE
CHAPTER
40--OIL POLLUTION
The Oil Pollution Act of
1990 (OPA 90), 33
U.S.C. 2710-2761.
CHAPTER
41--NATIONAL COASTAL MONITORING
Title
42 U.S.C. -- THE PUBLIC HEALTH AND WELFARE
Includes the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), 42
U.S.C. 9601-675. See also the EPA's CERCLA
summary and the EPA's CERCLA
enforcement documents.
Title
43 U.S.C. -- PUBLIC LANDS
Includes: Submerged Lands, including
the Outer Continental Shelf Lands Act (OCSLA), 43
U.S.C. 1301-56; the Abandoned Shipwreck Act, 43
U.S.C. 2101-06. See also the National Park Service Guidelines
on the Abandoned Shipwreck Act.
Title
46 U.S.C. -- SHIPPING
SUBTITLE
I--GENERAL
SUBTITLE
II--VESSELS AND SEAMEN
PART
A--GENERAL PROVISIONS
PART
B--INSPECTION AND REGULATION OF VESSELS
Includes the Federal Boat
Safety Act of 1971, 46
U.S.C. 4301-11.
PART
C--LOAD LINES OF VESSELS
PART
D--MARINE CASUALTIES
PART
E--MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS
PART
F--MANNING OF VESSELS
Includes Pilotage statutes.
PART
G--MERCHANT SEAMEN PROTECTION AND RELIEF
PART
H--IDENTIFICATION OF VESSELS
PART
I--STATE BOATING SAFETY PROGRAMS
PART
J--MEASUREMENT OF VESSELS
SUBTITLE
III--MARITIME LIABILITY
CHAPTER
301--GENERAL
CHAPTER
313--COMMERCIAL INSTRUMENTS AND MARITIME LIENS
Includes the Ship Mortgage
Act of 1920.
CHAPTER 315--RESERVED
Title
46 U.S.C. Appendix -- SHIPPING
CHAPTER
1--ADMINISTRATION OF SHIPPING LAWS
CHAPTER
2--DOCUMENTATION, RECORDING, AND MEASUREMENT
CHAPTER
3--CLEARANCE AND ENTRY
CHAPTER
4--TONNAGE DUTIES
CHAPTER
5--DISCRIMINATING DUTIES AND RECIPROCAL PRIVILEGES
CHAPTER
6--REGULATION AS TO VESSELS CARRYING STEERAGE PASSENGERS
CHAPTER
8--LIMITATION OF VESSEL OWNER'S LIABILITY
Includes the Harter Act,
46 App. U.S.C. 190-195, the Fire Statute, 46 App. U.S.C. 182 and
the Limitation of Liability Act, 46 App. U.S.C. 181-189.
CHAPTER
12--REGULATION OF VESSELS IN DOMESTIC COMMERCE
CHAPTER
13--PASSPORTS AND PAPERS OF VESSELS ENGAGED IN FOREIGN COMMERCE
CHAPTER
14--INSPECTION OF STEAM VESSELS
CHAPTER
15--TRANSPORTATION OF PASSENGERS AND MERCHANDISE BY STEAM VESSELS
CHAPTER
18--MERCHANT SEAMEN
The personal injury provision
of the Jones Act,
46
App. U.S.C. 688., which is applicable to a "Jones Act Seaman."
CHAPTER
19--WRECKS AND SALVAGE
CHAPTER
19A--ADMIRALTY AND MARITIME JURISDICTION
The Extension of Admiralty
Jurisdiction Act, 46
App. U.S.C. 740.
CHAPTER
20--SUITS IN ADMIRALTY BY OR AGAINST VESSELS OR CARGOES OF UNITED STATES
The Suits in Admiralty Act,
46
App. U.S.C. 741-752.
CHAPTER
21--DEATH ON HIGH SEAS BY WRONGFUL ACT
The Death on the High Seas
Act ("DOHSA"), 46
App. U.S.C. 761-767, which includes section 763a setting the three
year statute of limitations (or time bar) for maritime personal injury
or death claims.
CHAPTER
22--SUITS IN ADMIRALTY AGAINST UNITED STATES FOR DAMAGES CAUSED BY
PUBLIC VESSELS OR FOR TOWAGE OR SALVAGE SERVICES
The Public Vessels Act,
46
App. U.S.C. 781-790.
CHAPTER
23--SHIPPING ACT
CHAPTER
24--MERCHANT MARINE ACT, 1920
Includes the cabotage provisions
of the Jones Act, 46 App. U.S.C. 883.
CHAPTER
24A--MERCHANT MARINE ACT, 1928
CHAPTER
27--MERCHANT MARINE ACT, 1936
CHAPTER
28--CARRIAGE OF GOODS BY SEA
The Carriage of Goods by
Sea Act ("COGSA"), 46
App. U.S.C 1300-1315, with the notice of loss and time bar (statute
of limitations) provision at section 1303(6).
CHAPTER
34--SAFE CONTAINERS FOR INTERNATIONAL CARGO
CHAPTER
35--MARITIME ADMINISTRATION
CHAPTER
36--INTERNATIONAL OCEAN COMMERCE TRANSPORTATION
The Shipping Act of 1984 as amended by the Ocean Shipping Reform Act of 1998, 46
App. U.S.C. 1701-1719.
CHAPTER
37--INTERNATIONAL MARITIME AND PORT SECURITY
CHAPTER
38--MARITIME DRUG LAW ENFORCEMENT
CHAPTER
39--MERCHANT MARINE DECORATIONS AND MEDALS
Title
49 U.S.C. -- TRANSPORTATION
Includes the Carmack Amendment,
49 U.S.C. 11706 and the Pomerene (Bills of Lading) Act, 49
U.S.C. 80101-116.
Congressional
Record
The official record of the proceedings and
debates of the United States Congress. See also the Congressional
Record Index,
which is an index of the daily issues of
the Congressional Record and the History of Bills.
THOMAS
(Library of Congress)
An exceptional service provided by the Library
of Congress that contains the latest information on federal legislation,
bills, committee reports, etc. The site maintains an updated list of the
latest
enacted Public Laws, which is indexed by Congressional session.
GPO
Access
The Government Printing Office has a large
online database of US Government legislative, statutory and regulatory
documents (U.S.C., C.F.R., bills, committee reports, etc.). Public
Laws are available from 1995 to present.
State
Statutes re: Alternate Dispute Resolution
ACornell Legal Information Institute
State Statutes re: Navigation
Cornell Legal Information Institute
State
Statutes re: Insurance
Cornell Legal Information Institute
State
Uniform Commercial Codes (U.C.C.)
Cornell Legal Information Institute
Findlaw:
State Law Resources
This is a link to Findlaw's state law materials. See also Cornell's
state law page.
The Code of Federal
Regulations (C.F.R.) is a codification of the rules published daily in
the Federal Register
by the Executive departments and agencies of the United States Federal
Government. It is divided into 50 titles and each title is divided into
chapters which usually bear the name of the issuing agency. The C.F.R.
is revised on a rolling basis annually.
Code
of Federal Regulations (C.F.R.)
A searchable copy of the Code of Federal
Regulations made available by the Government Printing Office (GPO). See also Cornell. The following
links to specific Federal Regulations concerning admiralty and maritime
law are primarily directed to the GPO database:
19
C.F.R.
Customs Duties
Regulations pertaining to customs, including
19
C.F.R. Chapter 1, Part 4 concerning the boarding of vessels in foreign
and domestic trade.
29
C.F.R. (various sections)
Occupational Safety and Health Administration
(OSHA) standards, including those for shipyards, marine terminals and longshoring.
33
C.F.R.
Navigation and Navigable Waters
33
C.F.R. Chapter I, Parts 1-124 and Parts
125-199
Coast Guard, Department of Transportation.
Includes generally the regulations pertaining to vessel operations, including:
Rules of Practice, Procedure and Evidence for Administrative Hearings
(Part 20); Aids to Navigation (Parts 62-70); COLREGS (Parts 80-88); Inland
Navigation Rules (Parts 89-90); Financial Responsibility for Water Pollution
(Vessels)(Part 139); Pollution Prevention Regulations for Vessels (Part
155); Ports and Waterways Safety (Part 160 et. seq.). The Inland
and International Navigation Rules (COLREGS) are available for downloading
at the United States Coast Guard, Office of Vessel Traffic Management site.
33
C.F.R. Chapter II, Parts 203-384
Corps of Engineers. Includes: navigation
regulations for specific US ports and waterways (Part 207), wreck removal
regulations (Part 245) and a definition of navigable waters of the United
States (Part 329).
33
C.F.R. Chapter IV, Parts 401-403
Saint Lawrence Seaway Development Corporation
40
C.F.R.
Protection of the Environment
46
C.F.R.
Shipping
46
C.F.R. Chapter I, Parts 1-199
Coast Guard, Department of Transportation.
Includes generally vessel inspection regulations and requirements; and
the regulations concerning the investigation of marine casualties and marine
personnel.
46
C.F.R. Chapter II, Parts 200-499
Maritime Administration, Department of Transportation.
Includes generally the regulations affecting maritime carriers and subsidized
vessel operators; and regulations concerning the mandatory position reporting
system for vessels, hull insurance, and war risk insurance.
46
C.F.R. Chapter IV, Parts 501-565
Federal Maritime Commission. Includes generally
the regulations affecting maritime carriers, ocean freight forwarders,
marine terminal operators, passenger vessels, tariffs and service contracts.
49
C.F.R., Parts 100-185
Department of Transportation. Hazardous Materials
Regulations.
See also the Department
of Transportation site devoted to the transportation of hazardouus
or dangerous materials.
Federal
Register
The Federal Register from the GPO Access
site. The Table
of Contents of the latest daily issue is available for browsing.
Federal
Rules of Civil Procedure
Rules of procedure for the United States
District Courts. See particularly Rules 9(h)
(pleading admiralty and maritime claims); 14(c)
(admiralty third-party practice); 38(e)
(admiralty claims and the right to a jury); 82
(admiralty claims re: jurisdiction and venue).
Supplemental
Federal Rules for Admiralty and Maritime Claims
Supplemental Federal Rules of procedure for
Admiralty and maritime claims. Rule
A (Scope of Rules); Rule
B (Attachment and Garnishment); Rule
C (Actions in Rem); Rule
D (Possessory, Petitiory, and Partition Actions); Rule
E (Actions in Rem and Quasi in Rem; General Provisions);
Rule
F (Limitation of Liability). Note: Depending on the circumstance, Rules
A-E may apply to what is commonly known as a "vessel arrest."
Federal
Rules of Evidence
Rules of evidence for the United States Federal
Courts.
Federal
Rules of Appellate Procedure
Rules of procedure for the United States
Courts of Appeals.
Court
Rules, Forms & Dockets
LLRX.com. The definitive directory of individual
court rules (federal and state) available on the internet, along with forms
and docket information.
See also the Courts
page of this Guide for additional information.
American
Arbitration Association (AAA) Rules
The
Association of Maritime Arbitrators of Canada (AMAC) Rules
China
Maritime Arbitration Commission Arbitration Rules
German
Maritime Arbitrators' Rules
International
Chamber of Commerce (ICC) International Court of Arbitration Rules
Lloyd's
Salvage Arbitration Branch
London
Court of International Arbitration
London
Maritime Arbitrators Association Terms
Society
of Maritime Arbitrators (SMA) Rules
The SMA also has
Salvage
Arbitration Rules and Mediation
Rules.
Tokyo
Maritime Arbitration Commission Arbitration Rules
UNCITRAL International Commercial Arbitration materials
The model law, the UNCITRAL Arbitration Rules
and related arbitration materials are available at the UNCITRAL site. |
